§ 311.5 Disclosure of information by testimony in State and local investigations.

Employees and former employees may testify in a coroner's inquest and a grand Jury proceeding by a State or local government only as to the facts actually observed by them in the course of accident investigations and shall not give opinion evidence as expert witnesses or

testify with respect to recommendations resulting from accident investigations. § 311.6 Release and disclosure of information pertaining to aircraft incidents not classified as accidents. Information secured by the Board in the investigation of an aircraft incident not classified as an aircraft accident may be released or disclosed upon request, but only in accordance with the provisions of §§ 311.1 to 311.5.

320.5

320.6

Immediate notification.

Information to be given in notification.

Subpart C-Preservation, Access to and Release of Aircraft Wreckage, Mail, Cargo and Records 320.10 Preservation of aircraft wreckage, mail, cargo and records.

320.11 Access to and release of aircraft wreckage, records, mail and cargo. Subpart D-Reporting of Aircraft Accidents, Inflight Hazards and Overdue Aircraft 320.15 Reports and statements to be filled. Subpart E-Investigations and Special Studies 320.20 Authority of Board representatives. 320.25 Authority of the Director, Deputy Director, and hearing officers pertaining to aircraft accidents and air safety investigations.

AUTHORITY: The provisions of this Part 320 issued under secs. 204(a), 701, as amended, 72 Stat. 743, 781, 49 U.S.C. 1324, 1441. Interpret or apply secs. 202, 407 (e), 415, 702, 703, 1004, 72 Stat. 741, 766, 770, 782, 792; 49 U.S.C. 1322, 1377, 1385, 1442, 1443, 1484, and sec. 2, Reorganization Plan No. 13, 64 Stat. 1266; 5 U.S.C. 133z-15.

SOURCE: The provisions of this Part 320 contained in SIR-4, 28 F.R. 584, Jan. 23, 1963, unless otherwise noted.

Subpart A-General

§ 320.1 Applicability.

This part contains rules pertaining to: (a) Giving notice of and reporting, air

craft accidents and certain other occurrences in the operation of aircraft when they involve civil aircraft of the United States wherever they occur, or foreign civil aircraft when such events occur in the United States, its territories or possessions.

(b) Preservation, access to, and release of aircraft wreckage, mail, cargo, and records involving all civil aircraft in the United States, its territories or possessions.

(c) Investigation of aircraft accidents, certain inflight hazards, and overdue aircraft and special studies and investigations conducted by the Board pertaining to safety in air navigation and the prevention of accidents.

As used in this part the following words or phrases are defined as follows:

(a) "Fatal injury" means any injury which results in death within 7 days.

(b) "Operator" means any person who causes or authorizes the operation of an aircraft, such as the owner, lessee or bailee of an aircraft.

(c) "Serious injury” means any injury which (1) requires hospitalization for more than 48 hours, commencing within seven days from the date the injury was received; (2) results in a fracture of any bone (except simple fractures of fingers, toes or nose); (3) involves lacerations which cause severe hemorrhages, nerve, muscle or tendon damage; (4) involves injury to any internal organ; or (5) involves second or third degree burns, or any burns affecting more than five percent of the body surface.

(d) "Substantial damage:"

(1) Except as provided in subparagraph (2) of this paragraph:

(i) Substantial damage in aircraft of 12,500 pounds maximum certificated

take-off weight or less means damage or structural failure reasonably estimated to cost $300 or more to repair.

(ii) Substantial damage in aircraft of more than 12,500 pounds maximum certificated take-off weight means damage or structural failure which adversely affects the structural strength, performance, or flight characteristics of the aircraft, and which would normally require major repair or replacement of the affected component.

(2) Engine failure, damage limited to an engine, bent fairings or cowling, dented skin, small punctured holes in the skin or fabric, taxiing damage to propeller blades, damage to tires, engine accessories, brakes, or wing tips are not considered "substantial damage" for the purpose of this part.

Subpart B-Initial Notification of Aircraft Accidents, Inflight Hazards and Overdue Aircraft

§ 320.5 Immediate notification.

The operator of an aircraft shall immediately, and by the most expeditious means available, notify the Civil Aeronautics Board, Bureau of Safety Field Office nearest the accident or occurrence when:

Field Office, Address, and Telephone Anchorage; P.O. Box 2219, Anchorage, Alaska; BRoadway 2-7001.

Chicago; Suite 206, 6525 West North Avenue, Oak Park, Ill.; VIllage 8-9565.

Denver; 1549 Emporia Street, Aurora, Colo.; EMpire 6-8249.

Fort Worth; 100 North University Drive, University Plaza Building, Fort Worth 7, Tex.; EDison 6-2463.

Kansas City; 912 East 63d Street, Lower Floor, North Kansas City 10, Mo.; EMerson 3-2220 and 3-2221.

Los Angeles; Los Angeles International Airport, 5820 Avion Drive, Room 228, Los Angeles 45, Calif.; SPring 6-0117. Miami; P.O. Box 48-0931, Miami International Airport, Miami 48, Fla.; TUxedo 5-2445.

New York; Federal Building, Room 101, New York International Airport, Jamaica, Long Island, New York; 995-3333.

Oakland; P.O. Box 2386, Oakland Airport Station, Oakland 14, Calif.; LOckhaven 8-1290.

Seattle; Room 202, Administration Building, King County Airport, Seattle 8, Wash.; PArkway 3-9474.

1 The present addresses and telephone numbers of Civil Aeronautics Board, Bureau of Safety offices are as follows:

The addresses listed above are subject to change. C.A.B. representatives, however, can generally be reached at the telephone numbers listed above.

(a) As a result of the operation of an aircraft, any person (occupant or nonoccupant) receives fatal or serious injury or any aircraft receives substantial damage;

(b) Aircraft collide in flight;

(c) The following inflight hazards are experienced:

(1) Fire;

(2) Rapid decompression requiring emergency action;

(3) Unwanted or asymmetrical thrust reversal;

(4) Flight control system malfunction or failure;

(5) Inability of any required flight crew member to perform his normal flight duties as a result of injury or illness.

(d) An aircraft is overdue and is believed to have been involved in an accident.

§ 320.6 Information to be given in notification.

The notification required in § 320.5 shall contain the following information, if available:

(a) Location;

(b) Date;

(c) Time;

(d) Aircraft make, model, and registration number and nationality;

(e) Names of operator and crew;
(f) Number of persons involved;
(g) Injuries of each person;
(h) Weather conditions;

(i) Point of last departure and destination;

(j) A description of any explosives, radioactive materials, or other dangerous articles carried;

(k) Nature of and circumstances surrounding the accident or occurrence.

NOTE: See Subpart D of this part for reports that must be filed.

Subpart C-Preservation, Access to and Release of Aircraft Wreckage, Mail, Cargo and Records

mail aboard the aircraft, and all records, including those of flight recorders, pertaining to the operation and maintenance of the aircraft and to airmen involved in an accident or occurrence for which notification must be given until the Board takes custody thereof or a release is granted pursuant to § 320.11 of this part.

(b) Prior to the time the Board or its authorized representative takes custody of aircraft wreckage, mail or cargo such wreckage, mail and cargo may be disturbed or moved only to the extent necessary:

(1) To remove persons injured or trapped;

(2) To protect the wreckage from further damage, or

(3) To protect the public from injury. (c) Where it is necessary to disturb or move aircraft wreckage, mail or cargo, sketches, descriptive notes, and photographs shall be made, if possible, of the accident locale including original position and condition of the wreckage and any significant impact marks.

§ 320.11

Access to and release of aircraft wreckage, records, mail and cargo.

(a) Access to aircraft wreckage, records, mail and cargo. Only the Board's accident investigation personnel and the persons authorized by the Investigatorin-Charge or the Director, Bureau of Safety, to participate in any particular investigation, examination or testing shall be permitted access to aircraft wreckage, records, mail or cargo which is in the Board's custody.

(b) Release of aircraft wreckage, records, mail and cargo. Aircraft wreckage, records, mail and cargo in the Board's custody shall be released by an authorized representative of the Board' when it is determined that the Board has no further need of such wreckage, mail, cargo or records.

[SIR 4, 28 F.R. 584, Jan. 23, 1963, as amended by SIR-6, 30 F.R. 10094, Aug. 13, 1965]

2 An authorized representative of the FAA has authority to release aircraft wreckage, property, or records in those accidents which the Board, pursuant to PN-16 (see footnote 4, infra), has requested the FAA to investigate.

Subpart D-Reporting of Aircraft Accidents, Inflight Hazards and Overdue Aircraft

§ 320.15 Reports and statements to be filed.

(a) Reports. The operator of an aircraft shall file a report as provided in paragraph (c) of this section on CAB Form 453 or 454, which forms are attached hereto and incorporated herein as part of this section: 3

(1) Within ten (10) days after an occurrence for which notification is required by § 320.5 (a) and (b);

(2) When, after seven (7) days, an overdue aircraft is still missing;

(3) Upon request of an authorized representative of the Civil Aeronautics Board.

(b) Crew member statement. Each crew member, if physically able at the time the report is submitted, shall attach thereto a statement setting forth the facts, conditions and circumstances relating to the accident or occurrence as they appear to him to the best of his knowledge and belief. If the crew member is incapacitated, he shall submit the statement as soon as he is physically able.

(c) Where to file the reports. (1) The operator of an aircraft shall file with the Field Office of the Civil Aeronautics Board nearest the accident or occurrence any report required by this section involving:

(i) Aircraft having a maximum takeoff weight of more than 12,500 pounds, or rotorcraft regardless of weight,

(ii) Aircraft having a maximum takeoff weight of 12,500 pounds or less operated by an air carrier certificated to engage in air transportation in the State of Alaska, or operated in accordance with Part 135 of this title (Federal Aviation Regulations; Air Taxi Operators and Commercial Operators of Small Aircraft); and

(iii) Aircraft, regardless of maximum take-off weight, where fatal injuries have occurred to any occupant of such aircraft.

(2) The operator of an aircraft shall file with the FAA Flight Standards Dis-**-. trict Office nearest the accident or occurrence any report required by this

3 Forms are obtainable from the Civil Aeronautics Board Field Offices (see Footnote 1), the Civil Aeronautics Board, Washington 25, D.C., and the Federal Aviation Agency Flight Standards District Office. Forms filed as part of original document.

section involving fixed-wing aircraft with a maximum take-off weight of 12,500 pounds or less except reports which are required to be filed with the Board pursuant to subparagraph (1) of this paragraph.

1963, as

[SIR-4, 28 F.R. 584, Jan. 23, amended SIR-6, 30 F.R. 10094, Aug. 13, 1965] Subpart E-Investigations and Special Studies

§ 320.20 Authority of Board representatives.

Upon demand of an authorized representative of the Board and presentation of credentials issued to such representative, any air carrier, airman, or person engaged in air commerce or in any phase of aeronautics, and any other person having possession or control of any aircraft, aircraft engine, propeller, appliance, air navigation facility, equipment, or any pertinent records and memoranda, including all documents, papers and correspondence now or hereafter existing and kept or required to be kept, shall forthwith permit inspection, photographing or copying thereof by such authorized representative for the purpose of investigating an aircraft accident, inflight hazard or overdue

The Board in PN-16, 30 F.R. 10122, effective August 30, 1965, requested the Administrator of the FAA to investigate aircraft accidents involving fixed-wing aircraft with a maximum takeoff weight of 12,500 pounds or less except accidents in which fatal injuries have occurred to an occupant of such aircraft, accidents involving aircraft being operated in accordance with Part 135 of the Federal Aviation Regulations (14 CFR Part 135, Air Taxi Operators and Commercial Operators of Small Aircraft), and accidents involving aircraft operated by an air carrier authorized by a certificate of public convenience and necessity to engage in air transportation in the State of Alaska, and to submit a report to the Board concerning each such investigation.

§ 320.25

Authority of the Director, Deputy Director, and hearing officers pertaining to aircraft accidents and air safety investigations.

(a) The Director or Deputy Director of the Bureau of Safety of the Board shall have authority in connection with aircraft accidents to:

(1) Order an investigation into the facts, conditions, circumstances and probable cause of all occurrences involving civil aircraft, which he or the Board determines to constitute accidents. In such investigations he may order the taking of depositions, and may order a public hearing in accordance with the provisions of Part 303 of the Board's Procedural Regulations where it is deemed necessary in the public interest.

(2) Designate one or more hearing officials with authority to sign and issue subpoenas, to administer oaths and affirmations, and to take depositions or cause them to be taken in connection with accident investigations.

(b) The Director or Deputy Director may also order a special study or investigation on matters pertaining to safety in air navigation, and if necessary, designate a hearing official in this connection.

NOTE: The reporting and record-keeping requirements contained herein have been approved by the Bureau of the Budget in accordance with the Federal Reports Act of 1942.

51-028-66—26

375.11 Civil aircraft registered in other States.

Subpart C-Rules Generally Applicable 375.20 Airworthiness and registration cer

tificates.

"Category" shall indicate a classification of aircraft such as airplane, helicopter, glider, etc.;

"Commercial air operations” shall mean operations by foreign civil aircraft engaged in flights for the purpose of crop dusting, pest control, pipeline patrol, mapping, surveying, banner towing, skywriting, or similar agricultural and industrial operations performed in the United States, and any operations for remuneration or hire to, from or within the United States including air carriage involving the discharging or taking on of passengers or cargo at one or more points in the United States, including carriage of cargo for the operator's own account if the cargo is to be resold or otherwise used in the furtherance of a business other than the business of providing carriage by aircraft, but excluding operations pursuant to foreign air carrier permits issued under section 402 of the Act and all other operations in air transportation.

"Foreign air carrier permit” means a permit authorizing foreign air transportation by a foreign air carrier pursuant to section 402 of the Act;

"Foreign aircraft permit" means a permit authorizing navigation of an aircraft of foreign registry, not a part of the armed forces of a foreign nation, in the United States pursuant to section 1108(b) of the Act;

"Foreign civil aircraft" means an aircraft of foreign registry which is not part of the armed forces of a foreign nation;

"Type" means all aircraft of the same basic design including all modifications thereto except those modifications which result in a change in handling or flight characteristics; and

"Terms defined in section 101 of the Act" have the meaning expressed in such definitions.

§ 375.2 Applicability.

The provisions of this part regulate the admission to, and navigation in, the United States of foreign civil aircraft other than aircraft operated by holders of foreign air carrier permits issued by the Board pursuant to section 402 of the Act under the authority of such permits. This part also contains provisions which specify the extent to which certain classes of flight operations by foreign civil aircraft may be conducted, and the terms and conditions applicable to such operations. Nothing in this part shall